Moreno

In this action the plaintiff Jessie Moreno, as administratrix of the estate of her husband, Frederick Moreno, deceased, sought and secured a judgment against the defendants New Guadalupe .Mining Company and Fred Porta, one of its employees, for the death of the deceased, alleged to have been caused by the negligence of said defendants. The case was tried with a jury and a verdict returned in favor of plaintiff and against both defendants in the sum of eight thousand dollars. From the judgment entered thereon and from the order denying a new trial the defendants have appealed.

Briefly stated, the facts of the case are these: The defendant New Guadalupe Mining Company was a corporation engaged in the working of a mine in the countyof Santa Clara. On the third day of August, 1913, the decedent, Frederick Moreno, was employed by the corporation defendant as a “tool nipper.” In such capacity it was his duty to carry powder and the sharpened drills and tools used in the working of the mine down to the various levels of the mine and to bring such tools and drills as had been dulled by use to the surface. The shaft from the surface to the various levels of the mine ran at an angle of…